United States v. Saunders

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
May 29, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-10898
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHN EDWARD SAUNDERS,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:05-CR-46
--------------------
Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
John Edward Saunders appeals his conviction of bank robbery.
Saunders contends that there was no factual basis for his plea
because the facts set out in the written factual basis, which was
recited at his rearraignment, indicated that he used a firearm at
the bank president’s home before he robbed the bank, and not
during the actual robbery.
Any possible deficiency in the factual basis supporting
Saunders’s plea did not affect his substantial rights. The
presentence report indicated that Saunders pointed a firearm at

-- 1 of 2 --

No. 06-10898
-2-
the face of a bank employee during the robbery. See United
States v. Adams, 961 F.2d 505, 512-13 (5th Cir. 1992).
AFFIRMED; MOTION FOR DISMISSAL OR SUMMARY AFFIRMANCE DENIED;
ALTERNATIVE REQUEST FOR EXTENSION OF TIME DENIED.

-- 2 of 2 --